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June 2018 Archives

Criminal Defense Social Media and criminal cases

One thing that has become apparent in criminal defense is that social media and the internet can affect the outcome of criminal cases. Sex Crimes In the past few years social media, like Facebook, Twitter, and Instagram, have played a huge role in the affects of many individuals criminal cases. Using these websites as a way to share information and memories with friends and family is one thing, but those posts can be used as evidence in a criminal investigation as well. Police can use your social media posts and pictures as evidence in obtaining a arrest or search warrant against you. Not only can police work behind the scenes, they can also work undercover with a fake social media account and get someone to expose that they have participated in criminal activity, which then leads to an arrest or charges being filed.

White collar crimes

One big aspect of criminal defense are White collar crimes. White collar crime generally refers to crimes involving white collar jobs. White collar jobs refer to those jobs that generally require an individual to work in an office or other administrative setting, while blue-collar jobs include different types of labor work. Crimes like embezzlement, wire fraud, tax evasion, or any type of criminal activity that promotes financial gain are all different types of white-collar crimes. Federal crime White-collar crimes include any type of scheme to deceive an investor, hide true financial conditions of a business, or obtain money illegally. Those in a business or government profession usually commit these types of crimes. According to the Federal Bureau of Investigation (FBI), "white-collar crime is estimated to cost the United States more than $300 billion annually" (Levi & Lord, 2017). The federal government takes these cases extremely seriously, and it is imperative that you receive assistance from an experienced Chester County White Collar crime lawyer if you have been charged with such a crime.

Understanding different types of child custody

Child custody can be very complex and hard to understand at times. Child custody can be a result of divorce, separation, or other changes in the household, and puts a lot of stress on the family, in particularly the children. When talking about child custody there are two different types; physical and legal. Physical custody refers to where the children will live after a divorce is finalized, and legal custody refers to which parent will be in charge of the children's up brings (medical care, education, and religion). endangering welfare of a child After a judge reviews the case they will decide which type of child custody is most appropriate. The judge can choose from sole physical custody, joint physical custody, sole legal custody, joint legal custody, and/or guardianship or non-parent custody. The non - custodial parent can also be appointed with visitation rights.

DUI Endangering the Welfare of a Child

An individual charged with DUI may also be charged with the more serious crime of Endangering the Welfare of a Child if he is driving drunk with children in the car. The crime of endangering the welfare of a child can be found in Title 18 of the Pennsylvania Crimes code section 4304. Driving Under the influence of marijuana In order to be found guilty of Endangering the Welfare of a Child, the government must prove the following criminal elements beyond a reasonable doubt. First, that the defendant is a parent or guardian to a child under the age of 18. Second, that the defendant knowingly violated a duty of care for the child by violating a duty of protection. Essentially, the government must prove that the Defendant is aware that the child is in a situation that could threaten her welfare as a result of the defendant's conduct. Additionally, this statute does not require that the child was harmed as a result of the defendant's actions, only that their welfare was threatened.

DUI Refusing a chemical test

A major issue in DUI cases occurs when criminal defendants are refusing to submit to a chemical test in a DUI case.  DUI rehab When talking about a chemical test, it is a common test to give after someone is arrested for the suspicion of DUI to see if there was any alcohol or drugs in a person's system. This could either be done threw a blood or breathalyzer test. When engaging in a blood test you are read your rights, which include; implied consent law, no right to attorney, and if you refuse the blood test your license will be suspended for at least 12 months, and 18 months if you have a prior DUI or refusal. Breathalyzer tests are given after the person has been arrested and transported to the police station. A certified operator must conduct these tests, the machine has to be properly calibrated, and machine is works correctly prior to blowing into the machine for the results of the breathalyzer to be admissible. A breathalyzer test should not be confused with the preliminary breath test (PBT), which is given before you are arrested to detect evidence of intoxication.

Criminal Defense Habeas Corpus

One term that comes up in Criminal Defense cases is the term Habeas Corpus. The term Habeas Corpus is a term that means, "that you have the body". This refers to the court order where the law enforcement officials who have custody of a specific prisoner must appear in court before a judge with the prisoner to help determine if the prisoner is lawfully in prison or jail. Habeas Corpus is a protection against illegal confinement. Illegal confinement could be holding a person without charges such as was the case with detainees held at Guantanamo Bay, Cuba, when due process has been denied, bail is too excessive, parole has been granted, the bail bondsman has improperly surrendered an accused, or probation has been terminated without cause. There are also many issues when it comes to filing a Habeas Corpus Petition. These include the fact that the person must be incarcerated for the case they are seeking review. A Habeas Petition also must be filed within one year of the end of your direct appeal. However, the clock is stopped during your Pennsylvania's Post Conviction Relief Act (PCRA) proceeding and begins again when the state Supreme Court denies your PCRA appeal. You also cannot raise an issue for the first time in the Habeas Petition.

Sex Crimes Child Pornography

A West Chester University student has been charged recently with various Sex Crimes and Child Pornography. According to the U.S. Attorney's Office in Philadelphia, on June 1, 2018 Ryan Davis was charged and arrested for transporting, receiving, and possessing child pornography. Child Pornography charges in federal cases is generally much more serious than child pornography charges in state courts. Specifically, the federal guidelines dealing with sex crimes charges such as child pornography can be very harsh. In the case of the West Chester University student, the government maintained that Davis allegedly had images of minors being sexually assaulted on the computer that he possessed on West Chester University campus, as well as at his home in Glen Mills. These images were found by law enforcement on Davis's Apple MacBook Pro and IPhone 7.

Criminal Defense the right to Bail

One universal truth is that in Criminal Defense cases Defendants almost always have the right to Bail. Bail becomes the most important topic of discussion when a criminal defendant is arrested and charged with a crime.  juvenile sex offensesA criminal defendant is placed on bail at his Preliminary Arraignment. When talking about setting bail, this means that a set amount of money is set between the court and the person in jail. From time to time bail is set at a high amount so defendants are unable to post the bond and are therefore detained in prison until their case is resolved. The purpose of bail is to give an arrested person their freedom until they are convicted. In some cases, the judge will set a bail amount that is very high, with the intent of keeping the suspect in jail for the duration of his or her trial. A request to lower the bail amount can be made via a motion.

Criminal Defense Police Brutality

One issue that arises in Criminal Defense cases is: Can Police Brutality be a defense in my Criminal Defense case? The answer is it depends. The fact that the police used physical force to beat up a defendant is certainly almost always relevant in a criminal defense case. assault crimes But it might not be enough equate to reasonable doubt. Typically the most important issue in terms of police brutality is when did the police brutality take place. Specifically, police brutality is not relevant when the police used excessive force on a criminal defendant when they arrested him for a crime such as a robbery or burglary that happened several days before. The reason for this is the use of excessive force in that instance does not change the fact that the defendant committed an earlier robbery. Specifically, there might be several eye witnesses who claim that the defendant robbed a pizza delivery man and the pizza delivery man himself might be able to identify the defendant as the man who robbed him. Accordingly, the fact that the defendant was beat up when he was arrested by the police does not change the fact that the witnesses claimed he committed a robbery.

$500,000 verdict in School Bullying case

In the city of Philadelphia there was a $500,000 verdict in a School Bullying case. The case dealt with a juvenile named Amanda Wible and her struggle of being bullied threw the Philadelphia school district for her gender -and other related issues. school bullying The trial was first heard at the Court of Common Pleas in Philadelphia where Judge Gene Cohen put a $500,000 verdict on the Philadelphia School District for failing to stop the bullying against Wible. The Judge ruled actions of the school district violated the Pennsylvania Human Relation Act (PHRA), which forbids sex discrimination. This was the first ruling in PA state courts that recognized a cause of action under PHRA for student bullying. This ruling by the court should assist other student's that are being bullied at their schools.

Sex Crimes Date Rape on College Campuses

Sex Crimes such as Rape is a very serious offense and can have penalties of up to 40 years in prison. sex assault When talking about rape that is committed by a victim's significant other, or someone they went on a date with, it is considered date rape. Date rape on college campuses is extremely common. The perpetrator can coerce date rape on a victim both emotionally and physically. Many do not realize that even if the assailant is their significant other, it is still date rape if you do not consent. One must understand that no means no, and if you are under the influence of any drug, including alcohol, you cannot consent, so therefore it is a case of date rape. Certain date rape drugs can make the victim unconscious and diminish their memory, which carry worse penalties and is considered a federal crime. Make sure to contact the experienced Date Rape Lawyers at the Law Offices of Kelly & Conte if you are being investigated for or have been charged with sex crimes related to date rape.

Victims of Crimes

Victims of Crimes frequently feel helpless and at a loss as to what they should do immediately after an attack or assault. After first suffering from some type of violent assault, robbery or sexual assault, they are encountered with hospital or medical personnel. Soon after, they meet with law enforcement and are informed, in a typically vague matter, about the criminal justice system and how they will have to testify and be cross-examined in court. negligent security cases The entire experience can be both terrifying and overwhelming. It is at times like this where representation from a Victim's of Crimes attorney can pay dividends. Not only can such an attorney explain the criminal process to you, but he or she can also serve as your advocate in court to make sure that you are justly compensated for your injuries. At the Law Offices of Kelly & Conte we pride ourselves on our ability to empathetically assist Victim's of Crimes with the unfamiliarity of the criminal justice system and the legal process.

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